Thursday, October 14, 2021
3:15 PM (Eastern Daylight Time)
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About the Program
Assuming or rejecting an automobile lease or lease of other personal property, or a lease of residential real estate whether as landlord or tenant, can be a critical part of the chapter 13 debtor’s rights and duties. With the statutory framework lacking
clarity the practitioner must tread carefully to avoid termination of the debtor’s lease. Does chapter 13 also provide rights to cure defaults and arrears? When, if ever, can the debtor exercise his or her auto lease buyout option in monthly payments
over the life of the chapter 13 plan?
You Will Learn
- The law and rules applicable to the personal property and the real property lease assumption in chapter 13
- The automatic termination pitfalls that can arise
- The opportunities in chapter 13 for curing defaults and the limits of protections, especially in residential leases
- Creative strategies for dealing with buyout options
Who Should Attend
This session assumes some familiarity with concepts and procedures in chapter 13 but is appropriate for any practitioner who has basic bankruptcy experience. With the end of the pandemic eviction moratorium, the real property portions will be particularly
relevant to anyone representing individual landlords or tenants.
CLE Credit: 1.5 CT (General); 1.5 NY (AOP)